Original Date AnnouncedNovember 2, 2020
On reconsideration of its prior decision, the Federal Labor Relations Authority (FLRA) decertifies the National Association of Immigration Judges (NAIJ). In its prior decision, the FLRA found that IJs do not create and influence policy, are therefore not management officials, and could unionize accordingly. On reconsideration, the FLRA concludes that it had "failed to recognize the significance of IJ decisions and how those decisions influence policy," ruling that IJs are management officials and therefore excluded from being part of a collective bargaining unit.
See Biden administration action below.DOJ v NAIJ, 71 FLRA 207 (2020)
Effective DateNovember 2, 2020
Biden Administration Action: ModifiedJune 25, 2021
2021.06.25 AGENCY’S WITHDRAWAL OF OPPOSITION TO RESPONDENT’S MOTION FOR RECONSIDERATION
This Biden administration policy modifies the Trump-era policy identified in this entry.
On June 25, 2021, EOIR withdrew its opposition to NAIJ's motion for reconsideration before the FLRA. No. WA-RP-19-0067-REC.View Document
Biden Administration Action: Revoked/ReplacedDecember 7, 2021
2021.12.07 Settlement Agreement Between the U.S. Department of Justice, Executive Office for Immigration Review and the National Association of Immigration Judges
This Biden administration policy revokes in its entirety the Trump-era policy identified in this entry.
On December 7, 2021, EOIR and NAIJ signed a settlement agreement and thus the Biden administration once again recognized NAIJ as IJs' union.View Document